In an unfavorable Advisory Opinion issued last week[1], the Office of Inspector General, U.S. Department of Health and Human Services (OIG) found that a home care agency’s plan to market sign-on bonuses to prospective employees with the intention of employing those individuals to provide services to family members could result in sanctions for
NY LLC Transparency Act Takes Effect for Non-U.S. LLCs
On December 19, Gov. Kathy Hochul vetoed New York Senate Bill 8432 (S8432) and its Assembly companion, A8662A. The legislation would have amended the New York LLC Transparency Act (NYLTA) to preserve beneficial ownership reporting requirements for domestic New York LLCs.
The bill was intended to restore the Legislature’s original intent when the NYLTA was…
NY Doctor Sentenced in TCD Kickback Scheme
A New York physician was recently sentenced in federal court for receiving kickbacks in exchange for ordering medically unnecessary brain scans. Vishnudat Seodat of Mattituck had practiced for 36 years and operated three “New York Health” offices on Long Island. He announced his retirement in a letter to patients last month.
From 2013 to 2019…
New York LLC Transparency Act to Take Effect on January 1
[Partially superseded; see post on January 5, 2026]
New York’s Limited Liability Company Transparency Act (NYLTA), set to take effect on January 1, 2026, will require beneficial ownership reporting by certain limited liability companies. However, it’s unclear which LLCs will need to report. The NYLTA incorporates the definitions of “beneficial owner” and “reporting company” from…
Electronic Visit Verification: The New Frontier in Home Health Fraud Enforcement
The 21st Century Cures Act (Cures Act) required states to adopt electronic visit verification (EVV) systems for Medicaid-covered personal care services (PCS) by January 1, 2020 and for home health care services (HHCS) by January 1, 2023. According to the Centers for Medicare and Medicaid Services (CMS), the EVV requirement was imposed “in response to…
OCR Issues Guidance on Parental Access to Children’s Medical Records
It was brought to the attention of the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) that healthcare providers may be violating HIPAA in certain instances where they deny parental access to a child’s medical records, or require the child to authorize the disclosure of their medical records to the parent…
Diagnostic Lab to Pay $9.6 Million to Settle FCA/AKS Allegations
The U.S. Department of Justice recently announced a settlement with Patients Choice Laboratories (“PCL”), a diagnostic laboratory headquartered in Indianapolis, Indiana, under which PCL will pay over $9.6 million to resolve allegations that it violated the federal False Claims Act (FCA) and Anti-Kickback Statute (AKS). The government alleged that the lab knowingly submitted claims to…
Simensky to Present on 2025 Greater NY Dental Meeting Panel
On Sunday, November 30, from 2:00 PM to 5:00 PM, Rivkin Radler partner Sean Simensky will present the program “Buying Smart: What You Need to Know About Acquiring a Dental Practice,” at the 2025 Greater NY Dental Meeting alongside Mohamed Abdullah of Bank of America, Robert Malandruccolo of Bank of America, Bill Murray of Wicklow…
Mental Health Clinic Sues Kaiser over Termination of Participation Agreement
Westside Behavioral Care Inc., a Colorado mental health clinic, recently sued Kaiser Foundation Health Plan of Colorado for prematurely terminating its participation agreement. Kaiser terminated the agreement in an effort to increase the provision of services through a less costly telehealth model.
The clinic is alleging that the early termination disrupted care for more than…
Home Health Care Continued to Be a Federal Enforcement Target in 2025
The 2025 National Health Care Fraud Takedown, announced in June, was the largest in history, with 325 defendants charged (including 96 providers) in 50 federal districts. In all, the charged schemes involved more than $14 billion in intended loss, and more than $245 million in cash, luxury vehicles, cryptocurrency and other assets were seized. These…
